Unlawful discriminatory practices are as follows:
(a) No proprietor or any employee, keeper or manager of a place of public accommodation shall deny to any person, except for reasons applicable alike to all persons regardless of race, color, religion, sex, national origin, handicap, familial status, ancestry, or military status, the full enjoyment of the accommodations, advantages, facilities or privileges thereof.
(b) No person shall:
(1) Refuse to sell, transfer, assign, rent, lease, sublease, finance or otherwise deny or withhold housing accommodations from any person because of the race, color, religion, sex, ancestry, handicap, familial status, national origin, or military status, of any prospective owner, occupant or user of such housing;
(2) Represent to any person that housing is not available for inspection when in fact it is available;
(3) Refuse to lend money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing or otherwise withhold financing of housing from any person because of the race, color, religion, sex, ancestry, handicap, familial status, national origin, or military status of any present or prospective owner, occupant or user of such housing, provided such person, whether an individual, corporation or association of any type, lends money as one of the principal aspects or incident to that person's principal business and not only as a part of the purchase price of an owner-occupied residence that person is selling nor merely casually or occasionally to a relative or friend;
(4) Discriminate against any person in the terms or conditions of selling, transferring, assigning, renting, leasing or subleasing any housing or in furnishing facilities, services or privileges in connection with the ownership, occupancy or use of any housing because of the race, color, religion, sex, ancestry, handicap, familial status, national origin, or military status of any present or prospective owner, occupant or user of such housing;
(5) Discriminate against any person in the terms or conditions of any loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing because of the race, color, religion, sex, ancestry, handicap, familial status, national origin or military status of any present or prospective owner, occupant or user of such housing;
(6) Refuse to consider without prejudice the combined income of both husband and wife for the purpose of extending mortgage credit to a married couple or either member thereof.
(7) Print, publish or circulate any statement or advertisement relating to the sale, transfer, assignment, rental, lease, sublease or acquisition of any housing or the loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing which indicates any preference, limitation, specification or discrimination based upon race, color, religion, sex, ancestry, handicap, familial status, national origin, or military status;
(8) Make any inquiry, elicit any information, make or keep any record or use any form of application containing questions or entries concerning race, color, religion, sex, ancestry, handicap, familial status, national origin or military status in connection with the sale or lease of any housing or the loan of any money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing;
(9) Include in any transfer, rental or lease of housing any restrictive covenant, or honor or exercise or attempt to honor or exercise, any restrictive covenant, provided that the prior inclusion of a restrictive covenant in the chain of title shall not be deemed a violation of this provision;
(10) Induce or solicit or attempt to induce or solicit a housing listing, sale or transaction by representing that a change has occurred or may occur with respect to the racial, religious, sexual or ethnic composition of the block, neighborhood or area in which the property is located, or induce or solicit or attempt to induce or solicit such sale or listing by representing that the presence or anticipated presence of persons of any race, color, religion, sex, ancestry, handicap, familial status, national origin or military status, in the area will or may have results such as the following:
A. The lowering of property values;
B. A change in the racial, religious, sexual or ethnic composition of the block, neighborhood or area in which the property is located;
C. An increase in criminal or antisocial behavior in the area;
D. A decline in the quality of the schools serving the area;
(11) Deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization or facility relating to the business of selling or renting housing accommodations, or discriminate against any person in the terms or conditions of such access, membership or participation, on account of race, color, religion, sex, national origin, handicap, familial status, ancestry, or military status;
(12) Coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of that person's having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by this subsection (b) thereof;
(13) Whether or not acting under color of law, by force or threat of force willfully injure, intimidate or interfere with or attempt to injure, intimidate or interfere with:
A. Any person because of race, color, religion, sex, national origin, handicap, familial status, ancestry or military status, and because that person is or has been selling, purchasing, renting, financing, occupying or contacting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or participating in any service, organization or facility relating to the business of selling or renting housing accommodations;
B. Any person because that person is or has been, or in order to intimidate that person or any other person or class of persons from:
1. Participating, without discrimination on account of race, color, religion, sex, national origin, handicap, familial status, ancestry, or military status, in any of the activities, services, organizations or facilities described in subsection (b)(13)A. hereof.
2. Affording another person or class of persons opportunity or protection so to participate.
C. Any person because that person is or has been, or in order to discourage that person or any other person from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, national origin, handicap, familial status, ancestry, or military status, in any of the activities, services, organizations or facilities described in subsection (b)(13)A. hereof, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate.
No person shall discourage or attempt to discourage the purchase by a prospective purchaser of a housing unit by representing that any block, neighborhood or area has undergone or might undergo a change with respect to the religious, racial, sexual or ethnic composition of the block, neighborhood or area.
(14) Refuse to sell, transfer, assign, rent, lease, sublease, finance or otherwise deny or withhold a burial lot from any person because of race, color, sex, ancestry, handicap, familial status, national origin, or military status of any prospective owner or user of such lot.
(15) Discriminate in any manner against any other person because that person has opposed any unlawful practice defined in this section, or because that person has made a charge, testified, assisted or participated in any manner in any investigation, proceeding or hearing under the provisions of this chapter.
(16) Aid, abet, incite, compel or coerce the doing of any act declared by this section to be an unlawful discriminatory practice, or to obstruct or prevent any person from complying with the provisions of this chapter or any order issued thereunder or to attempt directly or indirectly to commit any act declared by this chapter to be an unlawful discriminatory practice.
(17) Nothing in subsection (b) hereof shall bar any religious or denominational institution or organization, or any charitable or educational organization, that is operated, supervised or controlled by or in connection with a religious organization, or any bona fide private or fraternal organization, from giving preference to persons of the same religion or denomination, or to members of such selection as is calculated by such organization to promote the religious principles or the aims, purposes or fraternal principles for which it is established or maintained.
(18) With regard to handicap, the following:
A. A refusal to permit, at the expense of the handicapped person, reasonable modification of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;
B. A refusal to make reasonable accommodations in rules, policies, practices or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.
C. In HUD-assisted or insured housing, all such housing shall be made available without regard to actual or perceived sexual orientation, gender identity, or marital status. No owner or administrator of HUD-assisted or insured housing, approved lender in an FHA mortgage insurance program, nor any (or any other) recipient or subrecipient of HUD funds may inquire about the sexual orientation or gender identity of an applicant for, or occupant of, HUD-assisted housing or housing whose financing is insured by HUD, whether renter or owner-occupied, for the purpose of determining eligibility for the housing or otherwise making such housing available. This prohibition on inquiries regarding sexual orientation or gender identity does not prohibit any individual from voluntarily self- identifying sexual orientation or gender identity. This prohibition on inquiries does not prohibit lawful inquiries of an applicant or occupant's sex where the housing provided or to be provided to the individual is temporary, emergency shelter that involves the sharing of sleeping areas or bathrooms, or inquiries made for the purpose of determining the number of bedrooms to which a household may be entitled. (Ord. 2012-88. Passed 10-23-12.)